High Court Kerala High Court

Shareef K.P. vs State Of Kerala Represented By on 19 March, 2008

Kerala High Court
Shareef K.P. vs State Of Kerala Represented By on 19 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1190 of 2008()


1. SHAREEF K.P., S/O.KUNHUMOIDEEN KUTTY
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.A.SALIL NARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/03/2008

 O R D E R
                         V. RAMKUMAR, J.
                    = = = = = = = = = = = = =
                      Crl.M.C.No.1190 of 2008
                   = = = = = = = = = = = = = =
              Dated this the 19th day of March, 2008

                                  ORDER

The petitioner, who is the accused in Crime No.657/1999 of the

City Traffic Police, Kozhikode for offences punishable under Sections

279 and 304A IPC and whose case is now pending before the J.F.C.M-

IV, Kozhikode, seeks a direction to release his passport which was

surrendered by him pursuant to the order granting him bail. The trial

of the case has already been started and is dragging on account of

non availability of prosecution witnesses. The petitioner’s visa is

expiring on 10.4.08 and that is why he is desirous of getting release of

his passport. He also submits that he will not raise any question of

identity in any stage of the trial.

2. Accordingly. this Crl.M.C is disposed of directing the learned

Magistrate to release the passport of the petitioner and also permit

him to seek personal exemption, in case he files an application in that

behalf undertaking that he will not raise any question regarding his

identity. The learned Magistrate shall, in that event, allow personal

exemption of the petitioner during the trial of the case, unless his

appearance is found inevitable at any stage of the trial.

This Crl.M.C is disposed of as above.

V. RAMKUMAR, JUDGE

sj